Smt.Gouramma W/O Mallappa vs Ayyappa S/O Mallappa And Ors
2022 Latest Caselaw 3878 Kant

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          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 7TH DAY OF MARCH, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


                   RFA No.200025/2014

Between:

Smt. Gouramma W/o Mallappa,
Age: 44 years,
Occ: Agriculture/ Household,
R/o: Ayyala B village, Tal. Shahapur,
Dist: Yadgir-585 201.
                                          ... Appellant

(By Sri R.S.Patil, Sri Anilkumar D.C,
 & Sri Mallayya S. Swami, Advocates)

And:

1.     Ayyappa S/o Mallappa,
       Since dead, vide order
       dated 09.08.2016
       R2 to r7 are treated as his Lrs.

2.     Smt. Mallamma @ Budamma
       W/o Ayyappa,
       Age: 64 years, Occ: Household,
       R/o Saidapur, Tal: Manvi,
       Dist: Raichur-584 101.

3.     Smt. Nagamma W/o Ayyappa,
       Age: 63 years,
                             2




     Occ: Agriculture/Household,
     R/o: Saidapur, Tal: Manvi,
     Dist: Raichur-584 101.

4.   Mallappa S/o Ayyappa,
     Age: 42 years, Occ: Agriculture,
     R/o: Saidapur, Tal: Manvi,
     Dist: Raichur-584 101.

5.   Smt. Lingamma W/o Lingappa,
     Age: 47 years,
     Occ: Agriculture/Household,
     R/o Ayyal Village, Tal: Shahapur,
     Dist: Yadgir-585 201.

6.   Smt. Basamma W/o Mukappa,
     Age: 45 years,
     Occ: Agriculture/Household,
     R/o Govindapally, Tal: Deodurg,
     Dist: Raichur-584 101.

7.   Smt. Mallamma W/o Hanumantha,
     Age: 41 years,
     Occ: Agriculture/Household,
     R/o: Alageri village,
     Tal: & Dist: Yadgir-585 201.
                                         ... Respondents

(Notice to R2 is held sufficient v/o
 dated 27.07.2016; R3, R4 & R6 are served;
Appeal against R5 & R7 is dismissed
as abated v/o dated 28.02.2018)


     This Regular First Appeal is filed under Section 96 of
the Civil Procedure Code, praying to call for records and
set aside the judgment and decree dated 01.03.2013 in
O.S.No.148/2010, passed by the Principal Senior Civil
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Judge and CJM, Raichur and to remand back the case for
fresh Trial/direct the respondents to effect partition of suit
properties and allow I.A.Nos.1 and 2.


      This appeal coming on for Final Hearing, this day,
the Court delivered the following:-

                          JUDGMENT

Learned counsel for the appellant remained absent

on several occasions i.e., 02.01.2018, 20.03.2020,

07.10.2020, 03.11.2020, 18.11.2020, 11.01.2020,

09.02.2021, 16.02.2021 and 28.02.2022. On 28.02.2022,

though none appeared for the parties, finally, a week's

time was granted to the learned counsel for the appellant

to address arguments making it clear that in case the

learned counsel for the appellant fails to address

arguments on the next date of hearing, appropriate order

would be passed including dismissal of the appeal for non-

prosecution. Even today case is called thrice. None

appears for the appellant. Despite granting several

opportunities, learned counsel for the appellant has not

shown diligence. It seems that the appellant is not

interested in prosecuting the appeal. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE NB*